Millhouse and Mullens (No 2)
Case
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[2017] FamCA 230
•13 April 2017
Details
AGLC
Case
Decision Date
Millhouse and Mullens (No 2) [2017] FamCA 230
[2017] FamCA 230
13 April 2017
CaseChat Overview and Summary
This matter concerned an application for costs brought by Mr Mullens against Ms Millhouse in relation to an Amended Application in a Case filed on 4 August 2015. The proceedings were heard by Hogan J.
The primary legal issue before the court was the determination of the quantum and timing of costs payable by Ms Millhouse to Mr Mullens. Specifically, the court was required to decide whether costs should be assessed on a party/party basis and the timeframe within which such costs should be paid, considering the ongoing property settlement proceedings between the parties.
Hogan J ordered that Ms Millhouse pay Mr Mullens’ costs of and incidental to the Amended Application in a Case filed on 4 August 2015. These costs were to be paid on a party/party basis, either by agreement between the parties within twenty-one days of the order, or failing agreement, as assessed on a party/party basis. The payment of these costs was further stipulated to occur within 30 days of either the making of a final order in the property settlement proceedings or the final resolution of those proceedings by other means.
The primary legal issue before the court was the determination of the quantum and timing of costs payable by Ms Millhouse to Mr Mullens. Specifically, the court was required to decide whether costs should be assessed on a party/party basis and the timeframe within which such costs should be paid, considering the ongoing property settlement proceedings between the parties.
Hogan J ordered that Ms Millhouse pay Mr Mullens’ costs of and incidental to the Amended Application in a Case filed on 4 August 2015. These costs were to be paid on a party/party basis, either by agreement between the parties within twenty-one days of the order, or failing agreement, as assessed on a party/party basis. The payment of these costs was further stipulated to occur within 30 days of either the making of a final order in the property settlement proceedings or the final resolution of those proceedings by other means.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Costs
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Remedies
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